Sweden’s divorce law is short and blunt, and its custody rules put the child at the center. Here is how the court process works, what happens to custody, what alternating weeks mean for money, and what changes when one of you is not Swedish.
When you need this
You live in Sweden, you’re married, and one or both of you wants out. Or you have children together and need to settle where they live. Maybe you’re a foreign couple, or one of you has moved abroad, and you wonder whether a Swedish court can divorce you at all. Or your residence permit rests on the relationship that is ending, and you need to know what that means.
How a Swedish divorce works
Swedish divorce is a no-fault system. If both of you agree, you have a right to a divorce. If only one of you wants it, that spouse still gets one, after a reflection period. The court doesn’t ask why, and you don’t have to prove anything.
The steps:
- Choose the route. A joint application if you both agree, an individual one if only you want the divorce.
- Apply to the tingsrätt (district court) where either of you lives. The courts’ e-service needs a Swedish personnummer and Swedish e-ID for both spouses; everyone else uses the paper form. One spouse pays the fee.
- Wait out the reflection period, if it applies (see below), then request completion, called fullföljd, with a current personbevis (population-register extract) from Skatteverket.
- The divorce takes effect when the judgment becomes final.
- Divide the property. This is the bodelning: after debts, the spouses’ marital property is pooled and split equally, while separate property under a marriage settlement stays out. You do it together in a signed document, or ask the court for a bodelningsförrättare (property-division administrator) if you can’t agree.
The reflection period: when you have to wait
The betänketid is at least six months. Whether it applies depends on your situation:
| Situation | Reflection period? |
|---|---|
| You agree, no child under 16 lives with either of you | No, unless you both ask for one |
| You agree, but either of you lives with your own child under 16 in your custody | Yes, six months |
| Only one of you wants the divorce | Yes, six months |
| You have lived apart for at least two years | No, even with children |
| Forced marriage, or one spouse married as a minor | No |
The period starts when you apply jointly, or when your spouse is served with your claim. After six months, one of you must ask the court to complete the divorce. If neither of you does so within one year of the start, the case lapses and you are still married.
Freshness note: a January 2026 government inquiry (SOU 2025:121) proposes dropping the reflection period when one spouse objects, keeping it in the other current cases, and requiring property division to be requested within ten years. As of October 2026 this is a proposal, not law. Pages written after a bill passes may describe different rules.
Custody, residence and contact
Swedish law keeps three questions apart, and mixing them up causes most of the confusion:
| Question | Swedish term | What it decides |
|---|---|---|
| Custody | vårdnad | Who makes the important decisions |
| Residence | boende | Where the child lives |
| Contact | umgänge | How the child sees the parent it doesn’t live with |
Parents who were married when the child was born have joint custody (gemensam vårdnad) from birth. Divorce doesn’t change that. Joint custody continues unless a court ends it, and the divorce judgment itself reminds you that custody is still shared. A court can give one parent sole custody, weighing especially whether the parents can put the child’s needs first and cooperate. Unmarried parents start differently: the mother has sole custody unless the parents register or are granted joint custody (see sambo law).
Joint custody means joint decisions. School, healthcare and a child’s passport need both custodians, and for a passport both must give consent to the Police. One parent may decide alone only on matters that can’t wait, and never on matters of major importance for the child’s future unless the child’s best interest clearly requires it.
The child’s best interest is decisive for all three questions. Since 1 January 2025 the law names the risk of violence, abuse or abduction as something the court must weigh especially. The child is also given information and a chance to express views, which count more with age and maturity (more in children’s rights in Sweden).
Agree first: the municipality helps for free
Your municipality’s family-law unit (familjerätten, part of social services) must offer samarbetssamtal (cooperation talks) on custody, residence, contact and the child’s support. They are free and voluntary, and the first meeting should take place within three weeks of both of you agreeing to them.
When you agree, put it in writing. An agreement on custody, residence or contact binds like a judgment only once the social welfare board has approved it.
If you can’t agree, a parent who goes to court with a contested claim must first attend an informationssamtal (information meeting) with the municipality, within the past year. Skip it and the court dismisses all custody, residence and contact claims in the case.
Växelvis boende: what alternating residence means for money
Växelvis boende means the child lives about equally with both parents, usually one week at a time. Parents with joint custody can agree on it, and a court can decide where the child lives. The statute never uses the word; it simply lets parents agree on residence.
Alternating residence has consequences people don’t expect:
- No state maintenance support. Försäkringskassan’s underhållsstöd goes only to a parent in Sweden with custody, with whom the child lives permanently and alone and is registered.
- Usually no maintenance payments. A parent pays underhållsbidrag when the child lives permanently with the other parent only. The Supreme Court has held that a parent with considerably greater means can still be ordered to pay.
- Child allowance is split in half between the parents, on notification by either (see Försäkringskassan explained).
- Housing allowance has separate supplements for children who live alternately and for children staying for contact.
- One registration address only. A child can be folkbokförd with just one parent, which usually decides the school and preschool queue (see folkbokföring).
International couples and newcomer parents
Tourists rarely have access to a Swedish divorce. A Swedish court needs a connection: both spouses Swedish, a Swedish applicant who lives or has lived here as an adult, a non-Swedish applicant who has lived here for at least a year, a respondent who lives here, or special reasons. EU rules in Regulation 2019/1111 take precedence where they apply, and Nordic couples have their own rules.
When a Swedish court hears the case, it applies Swedish divorce law. One limit: if you are both foreign citizens and neither has lived here a year, the court cannot grant a divorce against one spouse’s objection unless the law of a country where either of you is a citizen allows it. Custody of a child in Sweden is decided under Swedish law. Check whether your home country will recognise a Swedish judgment before you file.
Warning: taking a child abroad without the other custodian’s consent can be a crime. Separating a child under 15 from a joint custodian without good reason is egenmäktighet med barn, punishable by fines or up to two years in prison. Sweden is party to the 1980 Hague Convention, and the Foreign Ministry is its central authority for returning abducted children.
If your residence permit is based on the relationship, the main rule is that you must leave Sweden when it ends. A permit may be extended if the relationship ended because you or your child were subjected to violence, and a parent can apply based on a child who has the right to live here. EU/EEA family members keep a right of residence under separate rules, including a marriage of at least three years with one in Sweden (see partner permits).
Practical information
| Item | What to know | Checked |
|---|---|---|
| Divorce application fee | 900 kronor per application, paid by one spouse | 2026-10-14 |
| Request for completion (fullföljd) | No fee stated by the court | 2026-10-14 |
| Court application on custody, residence or contact | 900 kronor; no second fee if a divorce case is already pending | 2026-10-14 |
| Cooperation talks with the municipality | Free | 2026-10-14 |
| Full underhållsstöd per child and month | 1,673 kronor to age 7; 1,823 kronor to age 15; 2,223 kronor from 15 | 2026-10-14 |
| Legal costs in custody cases | Each party normally bears its own | 2026-10-14 |
FAQ
How long does a divorce take in Sweden?
If you agree and have no child under 16 living with you, the court can grant it without a waiting period. Otherwise a six-month reflection period applies, after which one of you must request completion within a year of filing. Spouses who have lived apart for two years skip the waiting period. The divorce takes effect when the judgment becomes final.
What is växelvis boende?
It is alternating residence: the child lives roughly equally with both parents after a separation, usually one week at a time. Parents with joint custody can agree on it, preferably in a written agreement approved by the municipality, or a court can decide where the child lives. The child can still be registered at only one address.
Do both parents keep custody after a divorce in Sweden?
Yes, if they had joint custody before. Joint custody continues after the divorce unless a court decides otherwise, and the judgment reminds parents of this. A court can give one parent sole custody if joint custody is clearly against the child’s best interest, considering especially the parents’ ability to cooperate.
Who pays child maintenance when the child lives alternately?
Usually neither parent pays the other, because the obligation to pay applies when the child lives permanently with only one parent, and Försäkringskassan’s maintenance support needs a sole residence parent. The Supreme Court has allowed maintenance where one parent has considerably greater means. Child allowance is split in half.
Can we get divorced in Sweden if we are not Swedish?
Often yes, if one of you lives in Sweden. A Swedish court can hear the case if the respondent lives here or a non-Swedish applicant has lived here for at least a year, and EU rules may give jurisdiction too. Swedish law then applies, but tourists without residence usually have no access.
Can I move abroad with my child after a divorce?
Not without the other custodian’s consent if you share custody. Moving abroad is a major decision both custodians make together, and separating a child under 15 from the other custodian without good reason is a crime. A child wrongfully taken from Sweden can be returned under the 1980 Hague Convention. Ask the court to decide first.
What happens to my residence permit if we divorce?
If your permit is based on the relationship, the main rule is that you must leave Sweden when it ends. A permit may be extended if the relationship ended because of violence against you or your child, or you can apply based on a child who has the right to live here. EU/EEA family members follow other rules.
Related guides
- Getting married in Sweden — the other end of the marriage code, and the documents a foreign couple needs
- Sambo law — what cohabiting couples share when they split, and how custody starts for unmarried parents
- Folkbokföring — registering the child’s address, which drives school places and benefits
- Försäkringskassan explained — the agency behind child allowance and maintenance support
- Parental leave — how the parental-benefit days are shared between parents
Facts verified 2026-10-14. Sources: Sveriges riksdag (Äktenskapsbalken, Föräldrabalken, Lag 1904:26 s.1, Socialförsäkringsbalken, Socialtjänstlag 2025:400, Brottsbalken, Passlagen), Sveriges Domstolar, MFoF, Försäkringskassan, Regeringskansliet, Migrationsverket and Polismyndigheten — full register in this topic’s source file. This is general information, not legal advice. Found something outdated? Tell us and we’ll fix it.